Articles

Court grants transfer to clarify appeals by state

The Indiana Supreme Court granted a transfer with opinion to address conflicting rulings regarding the state's ability to challenge the legality of a criminal sentence without first filing a motion to correct erroneous sentence.

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Judges differ in ruling application in set-off case

Indiana Court of Appeals judges couldn't agree on the application of a previous case involving the set-off of workers' compensation payments, leading to a split court and three separate opinions in an insurance company's attempt to recoup a portion of workers' compensation benefits following a jury trial. In Travelers Indemnity Company of America v. Jerry […]

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Couple not negligent in baby’s death

A couple did not breach their duty to protect a baby from a dangerous condition on their property in which a 2-month-old died after his mother smothered him while the two slept on a sofa at the couple's home.

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High court dismisses transfer petition

In an order posted today, the Indiana Supreme Court dismissed April 10 a petition to transfer to a breach of contract suit regarding the purchase of a hotel at auction.

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Judges differ in stipulation matter

A panel of Indiana Court of Appeals judges disagreed on whether a defendant pleaded guilty to the enhancement of his auto theft conviction based on his previous conviction for a similar crime.

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U.S. judge: Indiana Supreme Court was wrong

A federal judge has tossed a death row inmate's capital sentence, saying the Indiana Supreme Court was wrong in ruling the man convicted of a triple murder wasn't prejudiced by having to wear a stun belt in the jury's presence.

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House passes St. Joseph judicial election bill

In a historically notable vote, the Indiana House of Representatives passed a bill that would elect St. Joseph Superior judges rather than stick with a merit-selection and retention system in place for 35 years.

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Appellate court gets dismissed Voter ID case

The Indiana Court of Appeals is being asked to overturn a Marion Superior judge's decision that found the state statute requiring voters to show photo identification before casting a ballot is constitutional.

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Sidewalk Six defendant settles with state

What began a decade ago and became known as the Sidewalk Six paving-for-votes scandal is now nearing an end as one of the three remaining defendants in the civil racketeering case has settled with the state.

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Insurer not allowed to substitute party name

An insurance company isn't allowed to substitute another party's name in a suit filed by a driver for her underinsured motorist benefits because there's no authority for substitution of a non-party before a jury in a contract case, the Indiana Court of Appeals decided today. Doing so would create a "legal fiction" before the jury.

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Justices uphold probation revocation

The Indiana Supreme Court disagreed with the Indiana Court of Appeals that the appellate court could review a defendant's appeal – either because it qualified as a rare and exceptional case of great public interest or under Post-Conviction Rule 2. The Supreme Court deemed the man's failure to timely file an appeal to the revocation of his probation as fatal to his claim.

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Justices: Jury issues don’t require new trial

The Indiana Supreme Court affirmed a jury award in favor of a man accused of rape in a civil suit, ruling the jury didn't receive improper communications and the trial court didn't err in providing impasse assistance to the jury.

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Trial court didn’t err in denying mistrial

A trial court didn't abuse its discretion in denying a mistrial after learning a juror asked the state's firearms expert a question outside the courtroom during a recess in the trial, the Indiana Court of Appeals ruled.

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